SB v Secretary of State for Work and Pensions: [2024] UKUT 372 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 19 November 2024
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Judicial Summary
This case concerns the requirement under regulation 23 of the Employment and Support Allowance (ESA) Regulations 2008 that a claimant may be called to a medical examination. A claimant who fails without good cause to attend for, or to submit to, such an assessment is to be treated as not having limited capability for work and so will have their ESA claim disallowed. The appellant attended the assessment but answered every question to the effect that his circumstances had not changed. The First-tier Tribunal (FTT) dismissed his appeal. The Upper Tribunal held that the FTT was entitled to find that the appellant had not submitted to an examination, as he had not meaningfully participated. However, the Upper Tribunal held that the FTT had erred by failing to satisfy itself that the notification letter had been sufficiently clear and unambiguous as to the nature of the obligation and the consequences of non-compliance. The appellant’s appeal was allowed, the FTT’s decision set aside and remade to the effect that the Secretary of State’s disallowance decision was also set aside.